Eastside Immigration Law Blog

What You Need to Know about the Presidential Proclamation “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats”

What Happened​Since taking office on January 20th of this year, President Trump has signed several travel bans. The first, Executive Order 13769, “Protecting the Nation from Foreign Terrorist Entry into the United States,” was signed on January 27, 2017 and took immediate effect. Though some people called this order the “Muslim ban” because six of the seven affected countries have majority Muslim populations, the order actually affects all nationals of those countries, regardless of their religion.

The Executive Order was quickly challenged in the federal courts, where it was “put on hold.” The Ninth Circuit Court of Appeals issued what is known as a Temporary Restraining Order, which prevented the administration for enforcing some parts of the travel ban.

On March 6, 2017, Mr. Trump issued Executive Order 13780, which superseded the previous travel ban. This second version of the travel ban went into effect on March 16, dropping Iraq from the list of affected countries. It also did not apply to Legal Permanent Residents (so-called “green-card holders”), dual nationals, and people who have been granted asylum or refugee status. This second order also removed language that gave priority to religious minorities.

Travel Ban 2.0 was set to expire on Sunday, September 24, 2017. That same day, the White House announced a third version of the travel ban. This new Presidential proclamation, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats,” places restrictions on eight countries and will take effect on October 18, 2018.

The Department of Homeland Security developed a set of immigration criteria and used that to evaluate the information-sharing practices, policies, and capabilities of foreign governments, as well as risks that may be posed by allowing nationals of the foreign country to enter the United States.

Who Is Affected​Travel ban 3.0 applies to eight countries — Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuala, and Yemen. This new travel ban replaces the majority of the second travel ban signed in March. The restrictions vary country by country, and unlike the previous temporary travel ban which was limited to 90 days, travel ban 3.0 is indefinite.

The new ban also gives consular officers the discretion to waive the new restrictions on a "case-by-case basis" if a foreign national demonstrates that denying entry into the US would cause "undue hardship" and he or she does not pose a threat to national security. This means the burden of proof is on you to show that you would suffer undue hardship if you are not allowed to enter the United States and that you do not pose a risk to the nation.

But There Are Always Exceptions! These restrictions only apply to foreign nationals who are outside the United States and do not already have or qualify for a valid visa at this time.If you have a validly issued Legal Permanent Resident card (“LPR card” or “green card”), valid visa, or other travel document, do not worry! Any of these documents which are currently valid will not be revoked. The new travel ban also does not apply to people seeking asylum or refugee status. However, entry of refugees is currently limited by the original travel ban issued in January, and new rules for refugees are expected to be announced within the next few weeks.There are also several exceptions to the travel ban. The restrictions listed in the table above do not apply to:

Legal permanent residents (“green-card” holders);

A foreign national who is admitted to or paroled into the United States by October 18, 2017;

Foreign nationals with valid visas, transportation letters, boarding foils, or advance parole documents which will be valid by October 18, 2017;

Dual citizens traveling using a passport from unrestricted country;

Foreign nationals traveling on a diplomatic visa, a NATO visa, a C-2 visa, or a G visa;

Foreign nationals who have been granted asylum in the U.S.; and,

Anyone granted withholding of removal, advance parole, or protection under the Convention Against Torture.

So, in Short…

Beginning October 18, 2017, all nationals of North Korea and Syria are barred entry into the United States.

Nationals of Chad, Libya, and Yemen may not enter as immigrants, and B-1 and B-2 visa entry is also suspended. The same is true for certain Venezuelan government officials.

Somali nationals may not enter as an immigrant, though nationals with a nonimmigrant visa such as a B-1 or B-2 visa may enter so long as they undergo more rigorous security screening.

Only Iranian nationals with F, M, and J visas will be admitted to the United States. They are also subject to more rigorous security screening. 005DF1

World One Law Group Will Keep You Updated on Any Further Developments!

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Author

Margaret Riley is an immigration attorney at World One Law Group in Bellevue, Washington. World One specializes in employment and business immigration, family-based immigration, naturalization, as well as asylum, DACA, VAWA, and U-Visa cases.